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HomeMy WebLinkAbout2006 10 04 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING OCTOBER 4, 2006 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, October 4, 2006 was called to Order at 7:01 p.m. by Chairperson Rosanne Karr in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Rosanne Karr, present Vice Chairperson Linda Tillis, present Board Member Tom Brown, absent Board Member William H. Poe, present Board Member Denise Ryser, present After a moment of silence, Chairperson Karr led the Pledge of Allegiance. Chairperson Karr stated, "Under 'Agenda Changes' on the Public Hearings Agenda Item '201', to postpone to Date Certain the information on the Jetta Point Park project and Date Certain would be October 16, [2006] at 7:00 p.m." .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-14, A Large Scale Comprehensive Plan Amendment (Referenced As LS-CPA-07-02) which changes the Future Land Use Map (FLUM) Designation Of Nineteen (19) Parcels Containing 37.08 Acres, More Or Less, Located Immediately West Of The Central Florida GreeneWay At SR (State Road) 434 And Jetta Point From (Winter Springs) "Commercial" And (Winter Springs) "Medium Density Residential" To (Winter Springs) "Recreation And Open Space". Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4, 2006 PAGE 2 OF9 "I WOULD LIKE TO MOVE THAT JETTA POINT AGENDA ITEM [201] BE MOVED TO DATE CERTAIN OF OCTOBER 16TH, 2006 AT 7:00 P.M. AT THIS LOCA TION." MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER POE: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WAS DISCUSSED AGAIN, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2006-13, A Large Scale Comprehensive Plan Amendment (Referenced As LS-CPA- 07-01) Which Changes The Future Land Use Map (FLUM) Designation Of Four (4) Parcels Containing 29.3 Acres, More Or Less, Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Low Density Residential" (1.1 - 3.5 Dwelling Units Per Acre). Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and stated, "There is a sign up sheet on the table in the Lobby, it is a Comprehensive Plan Citizen Courtesy Information list if you want to be contacted by DCA (Department of Community Affairs) should this be transmitted to the State." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4,2006 PAGE 3 OF9 Ms. Sahlstrom spoke for the Record on handouts related to this issue. City Attorney Anthony A. Garganese arrived at 7:08 p.m. Ms. Sahlstrom said, "Staff does believe that at this point in time that the proposed Amendment is in Compliance with our Comp [Comprehensive] Plan." Ms. Sahlstrom said, "We do not have a Concept Plan at this time." Finally, Ms. Sahlstrom stated, "Staff would like to see that the property would have the same Stormwater protection that Barrington Estates - which that project was required to meet the Florida Department of Environmental Protection Outstanding Waters Program standards for Stormwater Management. So, we would ask the same requirements be on this property to help protect contamination for the contamination of Lake J esup." Chairperson Karr opened the "Public Input" portion of the Agenda Item. Mr. Robert King, 2211 Black Hammock Road, Oviedo, Florida: spoke on behalf of the Black Hammock Association. Mr. King said, "I would like to commend the City overall, on the way they are dealing with these tough issues." Mr. Donald E. Weaver, 844 Lake Mills Road, Chuluota, Florida: as the owner of the property, he briefly addressed the Advisory Board Members. Mr. B. Fritz vonBargen, PE., ConsulTech Development Services, Inc., Senior Project Manager, 1661 Magnolia Avenue, Winter Park, Florida: spoke regarding traffic related to this Site. Mr. Larry Jordan, 1507 Blue River Run, Chuluota, Florida: as the Developer, he briefly spoke to the Advisory Board Members. Discussion. Ms. Sahlstrom said, "This parcel here, is Eagle Bay W oodworking [Wood Products, Inc.]. They do have a shared access on Cress Run, so they will continue to have tractor trailers that are permitted on their use on their property that will be allowed to exit out on to DeLeon [Street]." Mr. Jordan said, "Once we do the Development on this property, that access is not going to be used anymore - from the Cabinet shop. They have their own access through the other side. They are not going to be bringing any tractor trailers anymore. That is not the Agreement that we have with them." Chairperson Karr closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4,2006 PAGE40F9 "BASED UPON THE FINDINGS OF THE STAFF, RECOMMEND APPROVAL OF [AGENDA] ITEM '200' COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION WHICH REFERENCES THE DESIGNATION OF FOUR (4) PARCELS CONTAINING 29.3 ACRES, MORE OR LESS, LOCATED IMMEDIATELY WEST OF DeLEON STREET AT CRESS RUN - FROM SEMINOLE COUNTY R-3, DWELLING UNIT PER 3 ACRES TO WINTER SPRINGS LOW DENSITY RESIDENTIAL 1.1 - 3.5 DWELLING UNITS PER ACRE." MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER POE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED: PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-15, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CPA-07-03) Which Creates Future Land Use (FLU) Element Policy 1.8.4, Establishing An Eastern Annexation Boundary For The City, Preventing The City From Expanding The City Boundary Beyond DeLeon Street. Ms. Salhstrom introduced this Agenda Item. Chairperson Karr opened the "Public Input" portion of the Agenda Item. Mr. Robert King, 2211 Black Hammock Road, Oviedo, Florida: on behalf of the Black Hammock Association, Mr. King thanked the City for their support, and spoke about the jurisdiction, maintenance, and traffic issues of the road. Mr. King also spoke of noise Issues. Chairperson Karr closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE THE MOTION THAT THIS REQUEST BE APPROVED AND SUBMITTED TO THE CITY COMMISSION FOR APPROVAL WHICH CREATES FUTURE LAND USE ELEMENT POLICY 1.8.4, ESTABLISHING AN EASTERN ANNEXATION BOUNDARY FOR THE CITY, PREVENTING THE CITY FROM EXPANDING THE CITY BOUNDARY BEYOND DeLEON STREET." MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4,2006 PAGE50F9 VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER RYSER: AYE BOARD MEMBER POE: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. Chairperson Karr Meeting recessed the Meeting at 7:44 p.m. The Meeting was called back to Order by Chairperson Karr at 7:48 p.m. PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-16, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CP A-07-04) Which Reconciles Conflicting Language Related To The Maximum Density Allowed Under The Land Use Classification Of "High Density Residential". Ms. Sahlstrom asked, "I would like to request that we continue this [ Agenda] Item also, until October 16th [2006] to allow the City Attorney to do - research on this Item and bring it back at that time for a decision. Postpone to Date Certain to the October 16th, [2006]. " "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE [AGENDA] ITEM '203' REGARDING THE LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT TO DATE CERTAIN, OCTOBER 16TH, [2006]." MOTION BY VICE CHAIRPERSON TILLIS. SECONDED BY ADVISORY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4,2006 PAGE60F9 PUBLIC HEARINGS 204. Community Development Department - Office Of The City Attorney Requests That The Planning And Zoning Board Hold A Public Hearing To Consider Ordinance Number 2006-18, Amending Chapters 16 And 20 Of The City Code, As It Relates To The Signage. City Attorney Anthony A. Garganese said, "I made one (1) - change - what I would like to include in this Ordinance - a repeal of all of the sign regulations in the GreeneWay Interchange District, so added to this Ordinance is actually a repealer section, repealing all of the sign regulations in the GreeneWay Interchange. For a couple of reasons, one (1), the GreeneWay Interchange District is very redundant with other parts of the Code, and two (2), we have established some other Ordinances like Aesthetic Review that kind of takes the place of the GreeneWay Interchange Aesthetic requirements and, three (3), it just causes a lot of ambiguities and it really undermines the other work that I did trying to address all the Constitutional issues regarding content and neutrality." Attorney Garganese stated, "The purpose of this Ordinance is to update the City Code, to bring it into Compliance with recent Case Law regarding the issue of content and neutrality. Tape I/Side B Sign Codes affect Freedom of Speech, Sign Codes need to be content neutral, subject neutral." Attorney Garganese added, "For the most part, they relate to content. What can be said on a sign, they also relate to preferential treatment for some signs versus other signs, which when you really boil it down is nothing but a content type regulation. For example, if you treat Political Signs different than just a normal temporary sign, well why are you treating Political Signs different? It has to be because of the content. That is what the court cases have said." Attorney Garganese then said, "There is also a lot of redundancy in the Code - you will see that you have a Sign Code Section in Chapter 16, then you have State Road 434, New Development Guidelines, State Road 434 Redevelopment Guidelines, then you have the GreeneWay Interchange District Guidelines, all regarding signs." Attorney Garganese stated, "What I have done is tried to reduce that redundancy and tried to put those Uniform Standards for signs in Chapter 16 and those special requirements for State Road 434, that are not already addressed in Chapter 16 will be stated in the Redevelopment Guidelines. I think that would help Staff tremendously and also help the Public." Attorney Garganese then said, "There were also some definitions that we put into the Code, just to clarify the Code, and make it a little bit easier to understand. We added some purpose and intent language which is consistent with Case Law and what Courts have found as legitimate reasons to regulate signage. We have also added a Permit Application and Review Procedure in the Ordinance which the current Ordinance is lacking in, in which the Law requires." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4,2006 PAGE70F9 Ms. Sahlstrom spoke regarding Staff comments to Ordinance 2006-18. Ms. Sahlstrom said, "On Page 16 of 39, there needs to be clarification under Section 16-78., item (c), because it is not totally clear that an Applicant needs to have a permit. A permit is always required for a sign and it seems to imply that if it is through the development process it does not need a permit. It does not say it that way. But, it might be implied that way. So, Staff would like some clarification in that text item. Also - the maximum height previously under item (b) was fourteen feet (14') but there is no maximum height included now." Ms. Sahlstrom then said, "The only other item was mainly a typo - on Page 32 of item d., (3) d., should say twelve inches (12") instead of six inches (6") to be consistent throughout the rest of the document." Ms. Sahlstrom asked, "I see that the 'Title' would not be changed. Is that correct? With the repeal of the GreeneWay Interchange District signage or would the 'Title' need to be Amended as well?" Attorney Garganese said, "It may have to be Amended." Ms. Sahlstrom said, "If it does, I need to send it back to the paper right away, since the ad went in today." Attorney Garganese said, "Okay." Discussion ensued on banners. For clarification, Vice Chairperson Tillis asked, "On the prohibited signs in Section 16- 57., electronic signs, that would include bank time and temperature displays - that would prohibit those as well? Right?" Attorney Garganese said, "Right." Chairperson Karr opened the "Public Input" portion of the Agenda Item. No one spoke. Chairperson Karr closed the "Public Input" portion of the Agenda Item. "RECOMMEND APPROVAL OF CONSIDERATION OF ORDINANCE NUMBER 2006-18 AMENDING CHAPTERS 16 AND 20 OF THE CITY CODE AS IT RELATES TO THE SIGNAGE WITH THOSE COMMENTS MADE BY ELOISE [SAHLSTROM] THA T THOSE CORRECTIONS CAN BE MADE." MOTION BY ADVISORY BOARD MEMBER POE. CHAIRPERSON KARR SAID, "AND ALSO INCLUDING MR. GARGANESE'S OF THE GREENEWAY DISTRICT." ADVISORY BOARD MEMBER POE SAID, "YES." SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLDRIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4,2006 PAGE80F9 REGULAR AGENDA REGULAR 300. Not Used. CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The September 6, 2006 Regular Meeting Minutes. "I WILL MAKE A MOTION TO APPROVE THE MINUTES AS CIRCULATED FOR THE SEPTEMBER 6TH, [2006] REGULAR MEETING." MOTION BY CHAIRPERSON KARR. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: BOARD MEMBER POE: AYE CHAIRPERSON KARR: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Not Used. 600. REPORTS No Reports were given. ADJOURNMENT Chairperson Karr said, "Motion to Adjourn?" "SO MOVED." MOTION SECONDED. DISCUSSION. MOTION WAS APPROVED. MOTION CARRIED. BY ADVISORY BOARD MEMBER POE. WITH CONSENSUS OF THE BOARD, THE CITY OF WINTER SPRINGS, FLDRIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4,2006 PAGE90F9 Chairperson Karr adjourned the Meeting at 8:07 p.m. RESPECTFULLY SUBMITTED: APPROVED: ~4{~ ROSANNE KARR, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the November 1, Planning Agency Meeting. , 2006 Regular Planning and Zoning Board/Local